Robby Jernigan asked 4 months ago
Veterans Disability Lawsuits – Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are frequently taken advantage of by lawyers who use their benefits as a way to earn money. This is why you need an attorney with the right qualifications to handle VA claims.
A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental ailments related to an air carrier crash that killed dozens of people has won a major victory. However, it comes with a significant price tag.
Class Action Settlement
According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the last three decades, as per the agency’s records obtained by Monk and the Yale Law School Veterans Disability Attorney Legal Services Clinic.
Monk, a former psychiatrist, says that discrimination at the hands of VA has caused him, and other black veterans, to suffer in a manner that has affected their health, home life and employment as well as education. He wants the agency to repay him for the benefits he has been deprived of and to change its policies regarding race as well as discharge status and denial rates.
Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the past year as part of a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The data revealed that Black veterans were statistically less likely to be granted a disability claim than white veterans between 2001 to 2020. Additionally, the average denial rate was 6.3 percent higher for Veterans Disability Attorney black veterans than it was for white veterans.
Discrimination is based on PTSD
The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per the lawsuit filed on Monday. The suit was filed by an ex- Marine Corps vet who was denied housing or education, as well as other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that VA officials have historically disproportionately denied claims made by Black veterans.
Conley Monk signed up to serve in the Marines during the Vietnam War, driving a truck that was shot and helping move troops and equipment to combat zones. Conley Monk was later involved two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not acceptable. This “bad paper” prevented him from receiving home loans or tuition aid, as well as other benefits.
He filed a lawsuit against the military to overturn the discharge, and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. The suit asserts that he suffered emotional damage by reliving his most traumatic experiences with each and every application for benefits.
The lawsuit seeks financial damages and also asks the court’s order for the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women’s Action Network, to pressure the VA into addressing long-standing discrimination against victims of sexual assault.
Alimony Discrimination
The veterans who have served our nation in uniform and those who accompany them need truthful information about the veterans disability compensation and its impact on financial issues in divorce. One of the biggest misconceptions is that veterans may have their VA compensation garnished in order to pay alimony or child support orders in state courts. This isn’t the case. Congress has carefully designed Title 38 of the U.S. Code to shield veterans’ payment from claims by family members and creditors, except for alimony and child support.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, transferring equipment and troops out of combat zones. He received several medals for his service, but he was later acquitted of a less honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long and winding road for him to convince the VA to accept disability compensation.
He was denied benefits at a rate significantly higher than white people. This discrimination against Blacks was systematic and pervasive, according to the lawsuit brought on his behalf by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. It asserts that the VA was aware of and did not combat decades of discrimination against Black Veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits in the event that the applicant is not satisfied with an assessment made by the agency. If you are considering appealing a decision, it is important that you do so as soon as possible. A lawyer with experience in appeals to veterans’ disability cases can assist you in ensuring that your appeal is in line with all requirements and ensure that it gets a fair hearing.
A lawyer with experience can look over the evidence that supports your claim and, if necessary, veterans disability attorney submit new and additional proof. A lawyer who knows the challenges of the VA will be more understanding of your situation. This can be a significant advantage in your appeals.
A veteran’s claim for disability is usually rejected because the agency didn’t accurately describe their condition. A lawyer with experience can ensure that your condition is classified and rated appropriately, giving you to receive the benefits that you deserve. A qualified lawyer will also be able to collaborate with medical experts to provide additional evidence of your health condition. For instance an expert in medical practice could be able to prove that the pain you suffer is a result of your service-connected injury and is causing you to be disabled. They might be able assist you in getting the medical records you require to support your claim.